Taking a car belonging to heirs, some of whom are minors, and regretting it and wanting to pay a fee for taking it
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The third question of Fatwa No. ( 19611 )
Q3: A person passed away in our area, leaving behind female heirs and one small son, about three years old. Among the estate he left was a car and a van. The car remained with one of his relatives from his paternal uncles, and the van with the husband of one of the deceased's daughters, who are among the heirs. By Allah's decree, the aforementioned van was needed, so I requested to borrow it from the aforementioned person for ten days to transport students and fulfill my needs. After the ten days, I returned it to him in the same condition I had taken it, except that I deeply regretted this action; because the van does not belong to the aforementioned person, but rather to the heirs of the deceased, among whom are a daughter and a small son, and they have no one to support them after Allah except people of good. I decided to calculate the rental fee for the aforementioned car on a daily basis, according to what institutions like it charge for a period of ten days. However, I am confused about the following: To whom among the heirs should I give it? Should I give it to the daughter and the small son, or to all the heirs, or should I give it as charity on behalf of the deceased owner of the car? It is known that all the heirs are in a good financial situation, except for the small son.
and the small daughter and their mother. I ask for your guidance?
A3: It is obligatory for you to pay the entire rental fee for the car for the ten days during which you used it to all the heirs, unless the adults among them waive their right to it. As for the share of the minors, it must be delivered to their legal guardian. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: A person passed away in our area, leaving behind female heirs and one small son, about three years old. Among the estate he left was a car and a van. The car remained with one of his relatives from his paternal uncles, and the van with the husband of one of the deceased's daughters, who are among the heirs. By Allah's decree, the aforementioned van was needed, so I requested to borrow it from the aforementioned person for ten days to transport students and fulfill my needs. After the ten days, I returned it to him in the same condition I had taken it, except that I deeply regretted this action; because the van does not belong to the aforementioned person, but rather to the heirs of the deceased, among whom are a daughter and a small son, and they have no one to support them after Allah except people of good. I decided to calculate the rental fee for the aforementioned car on a daily basis, according to what institutions like it charge for a period of ten days. However, I am confused about the following: To whom among the heirs should I give it? Should I give it to the daughter and the small son, or to all the heirs, or should I give it as charity on behalf of the deceased owner of the car? It is known that all the heirs are in a good financial situation, except for the small son.
and the small daughter and their mother. I ask for your guidance?
A3: It is obligatory for you to pay the entire rental fee for the car for the ten days during which you used it to all the heirs, unless the adults among them waive their right to it. As for the share of the minors, it must be delivered to their legal guardian. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.